Q & A Session – MSPB Jurisdiction for Constructive Discharge
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
The Merit Systems Protection Board (MSPB) has ruled it does not have jurisdiction for constructive discharge of involuntary retirement since my agency has not separated me.
Once I am separated, can I refile the constructive discharge?
Constructive discharge is when you resign because of intolerable conditions and argue that those conditions forced your resignation. Constructive discharge is hard to prove, so if you resign the MSPB might still decline jurisdiction.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.